The recruitment process cannot be altered post-advertisement; candidates retain rights if the selection was conducted properly.

JUDGMENT :

N. UNNI KRISHNAN NAIR, J.

Heard Mr. M. Khan, learned counsel for the petitioners. Also heard Mr. B. Gogoi, learned Addl. AG, Assam appearing for the State/ respondent.

2. The petitioners by way of instituting the present proceeding have assailed a notice dated 13-10-2024 issued towards cancellation of the recruitment process initiated vide advertisement dated 30-07-2022 in respect of the posts against which the process of recruitment, was not taken to its logical conclusion.

3. The petitioners in pursuance to an advertisement dated 30-07-2022 issued by the Mission Director, NHM, Assam, inviting applications for engagement on contractual basis against various posts, including the post of Rehabilitation Workers, having fulfilled the requisite eligibility criteria had submitted their respective candidature for consideration for such recruitment against the post of Rehabilitation Workers. The petitioners being found to be eligible for being considered for recruitment against the post of Rehabilitation Workers, they were permitted to appear in a selection process held for the matter. The petitioners participated in the interview held for the said position on 01-08-2023 and 02- 08-2023. It is seen that the select list having been prepared, the same was processed and was approved by the competent authority on 12-03-2024. On conclusion of the selection process and approval of the select list, the authorities published the select list through a notice bearing No. NHM-31013(11)/7/20-23/HRD/NHM-National Health Mission dated 13- 03-2024. The names of the petitioners, herein, finds place in the said select list. Thereafter, the matter was processed for appointing the selected candidates, including the petitioners, and a draft posting order was also prepared. However, during the processing of the said matter, the highest executive of the State on noticing that the recruitments in NHM were being carried out without providing for reservation to the reserved communities, proceeded vide communication dated 30-06-2024, to require the NHM authorities to cancel all recruitment made recently, as well as ongoing recruitments, where provision of reservation of posts were not made for the reserved communities. The NHM authorities were, thereafter, required to initiate fresh process of recruitment for the vacant posts.

It is in view of the said development that the impugned notice dated 13-03-2024 came to be issued cancelling the advertisements mentioned, therein, including the advertisement dated 30-07-2022, to the extent of the posts, involved, wherein the process of recruitment was not taken to its logical conclusion.

Being aggrieved the petitioners have instituted the present writ petition.

4. The learned counsel for the petitioners by referring to the advertisement dated 30- 07-2022, has submitted that along with the post of Rehabilitation Workers, the process for engagement was also made for various other posts including the post of Dental Surgeon, Laboratory Technician, Counsellors, Hospital Administrator, District Media Expert etc. It is submitted by the learned counsel for the petitioners that in respect of the District Media Expert, the recruitment for which was also carried out along with that post of Rehabilitation Workers, a select list was published on the same date, i.e. on 13-03-2024, after the same was approved by the competent authority. He submits that the processing of the matter for issuance of posting orders to the selected candidates for the post of District Media Expert was processed by the respondent authorities and on approval being received from the competent au